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PP RROOCCEEEEDDIINNGGSS SELECT COMMITTEE ON TRIBAL RELATIONS

COMMITTEE MEETING INFORMATION July 15 and 16, 2013 Central College Riverton, Wyoming

JOINT EDUCATION COMMITTEE MEMBERS PRESENT Senator Hank Coe, Co-chairman Representative , Co-chairman Senator Jim Anderson (SD02) Senator Bill Landen Senator Representative Representative John Freeman Representative Representative Representative John Patton Representative Representative Representative

SELECT COMMITTEE ON TRIBAL RELATIONS MEMBERS PRESENT Senator , Co-chairman Representative , Co-chairman Senator Representative Representative Jerry Paxton

COMMITTEE MEMBERS NOT PRESENT Senator Paul Barnard

ADDITIONAL LEGISLATORS PRESENT Senator

The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office (LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office, public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official record of the meeting. An index of these materials is provided at the end of this document and these materials are on file at the Legislative Service Office. For more information or to review meeting materials, please contact the Legislative Service Office at (307) 777-7881 or by e-mail at [email protected]. The Summary of Proceedings for each legislative committee meeting can be found on the ’s website at http://legisweb.state.wy.us. PAGE 2 OF 7

LEGISLATIVE SERVICE OFFICE STAFF Dave Nelson, School Finance Manager Matt Willmarth, School Finance Analyst Tania Hytrek, Staff Attorney Lily Sharpe, Staff Attorney

OTHERS PRESENT AT MEETING Please refer to Appendix 1 to review the Subcommittee Sign-in Sheet for a list of other individuals who attended the meeting.

EXECUTIVE SUMMARY The Committee received testimony on issues concerning the Wind River Indian Reservation, including issues relating to education, utilities and infrastructure, law enforcement, health care, juvenile justice, solid waste and the Tribal Liaisons.

MEETING WITH JOINT EDUCATION INTERIM COMMITTEE ON EDUCATIONAL OPPORTUNITIES FOR WYOMING'S NATIVE AMERICAN POPULATION

CALL TO ORDER (JULY 15, 2013 MORNING) The Select Committee on Tribal Relations met with the Joint Education Committee to receive information and discuss issues relating education on the Wind River Reservation. Chairman Coe called the joint meeting to order at 9:00 a.m. The Please refer to Appendix 2 to review the Committee Meeting Agenda. The joint meeting recessed at 12:00 p.m. The summary of the proceedings and appendices of the joint meeting can be found at http://legisweb.state.wy.us/interimCommittee/2013/04MIN0715.pdf.

NATIVE AMERICAN CULTURE TEACHING MODULES (JULY 15, 2013 AFTERNOON) Bob Connelly, Public Broadcasting Service (PBS) Assistant General Manager, asked for the Committee's support of an exception budget request of $110,000 for PBS. The request is outlined in appendix 3. The funds would pay for the creation of online video teaching modules that educators could use in teaching about Native American cultures. Representative Larsen moved to have the Committee support the budget request. The motion passed unanimously. The Committee directed LSO to prepare a letter of support to the Joint Appropriations Committee.

UTILITIES AND INFRASTRUCTURE Representative Goggles, Executive Director of the Northern Arapaho Housing Authority, updated the Committee on current and future housing projects. Representative Goggles explained that the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012, also known as the HEARTH Act, will expedite housing projects by allowing the Tribes to enter into leases on restricted land without approval from the Secretary of the Interior. Erin Martin, Eastern Shoshone Utilities Director, provided an update on the Shoshone Utility. The utility built a surface water treatment plant five years ago. Most of the customers are rural. Failing septic systems is one of the major issues the utility faces. Pat Moss, Great Plains Utility Director, provided handouts 4 and 5. The handouts show the Arapahoe Water Service Area. There are two separate systems operated by the utility and two well sources. A third well is under development. Mr. Moss described the projects the utility is pursuing, including looping between the Wind River Casino and 789 locations and an additional storage tank. Harry LaBonde, Wyoming Water Development Office Director, advised the Committee about the Ethete water project. He explained that the best additional source for Ethete

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appears to be alluvial wells. The Water Development Commission and the legislature approved a $2 million grant to develop the wells. However, the $2 million local match has not been obtained. The Commission has advised the utility that if the local match is not reached by November, the Commission will recommend that the funds revert. Travis Brockie, Engineer for the Northern Arapaho Tribe, clarified that the Rural Utility Services (RUS) funding application has been amended to make the project more feasible. Chairman Case read a letter from the Governor (appendix 6) that indicated there have been discussions on water storage. Mr. LaBonde explained that there may be an interest in building a water storage facility on the Reservation with a state current day priority. Sara Robinson, Water Resource Control Board, expressed that Mr. LaBonde has been a tremendous resource to the board. Troy Babbitt, Department of Enterprise Technology Services Broadband Coordinator, updated the Committee on the progress of the unified network project. Phase 1 of the project will happen this year. Mr. Babbitt provided handouts showing the internet access project and goals (appendixes 7 and 8). Kristin Lee, Regulatory and Legislative Affairs Director for Century Link, updated the Committee on CenturyLink's expansion projects on the Reservation. Ms. Lee described the process for receiving federal funding and provided a checklist (appendix 9) CenturyLink utilizes when federal funds are involved. Mike Kenney, Dubois Telephone General Manager, updated the Committee on Dubois Telephone's projects, including the fiber construction in Crow Heart and the finalization of fiber connectivity to Indian Health Services in Arapahoe. Patrick Adam Lawson, Northern Arapaho Tribal Industries General Manager, described recent successes in getting broadband to homes on the Reservation. Northern Arapaho Tribal Industries has placed equipment on water towers and has been able to provide access to over 150 locations. The service requires line of sight, so the more towers there are, the more service can be provided. Mr. Lawson will see about getting service to the Boulder Flats area and will address the issue at the next meeting. Norm Long, SourceGas, updated the Committee on the 17 Mile and Mill Creek Housing projects. Keri Bohlmann, Wyoming Department of Transportation Utilities Branch, discussed progress of the Department's road projects. The Committee encouraged the Department of Transportation to proactively facilitate the use of the state rights-of-way on the Reservation by utilities.

LAW ENFORCEMENT Michael Bennett, Fremont County Attorney, and William Mathews, Wind River Agency Chief of Police, encouraged the Committee to sponsor the Wind River law enforcement bill draft (appendix 10). The bill draft would allow Wind River law enforcement officers to enforce state traffic laws and to cite individuals who are not tribal members. Senator Craft moved to have the Committee support the bill draft and to encourage the Joint Judiciary to sponsor the bill. The motion passed unanimously. Al Addison, Northern Arapaho Business Council, suggested the Tribal Codes be considered to assure there is no conflict. Sara Robinson, Eastern Shoshone Tribal Liaison, Darwin (Sonny) St. Clair, Eastern Shoshone Business Council Chairman, Willard Gould, Northern Arapaho Business Council, Gary Collins, Northern Arapaho Tribal Liaison, and Allison Sage spoke in favor of the bill.

HEALTH CARE UPDATE AND AFFORDABLE CARE ACT Cathy Keene, Eastern Shoshone Tribal Health Director, asked for the Committee's support of a demonstration waiver from Medicaid to allow expanded Medicaid coverage for Tribal members. Ms. Keene provided handouts on the waiver program and community health needs (appendix 11). Sheree Nall, Department of Health Medicaid Provider Services, explained that funding would come from a 100% federal match. Allison Sage, Northern Arapaho Tribal Health Director, supported the waiver request. Charles Aragon, Riverton Hospital Native American Liaison, believed that the hospital would support the request. Glen Revere, Indian Health Services, provided an update on increased services and recent projects. Mr. Revere also supported the demonstration waiver. Carole Justice, Chair, Service Gap Subcommittee of the Wind River Indian Reservation Fremont County Health Disparity Task Force, submitted that a waiver would maximize federal dollars for the community without requiring matching state dollars. Dan Neal, Equality State Policy Center, urged the Committee to support the waiver. Chesie Lee, Wyoming Association of

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Churches, also urged support for this expanded care and provided statistics on unmet community needs (appendix 12). Representative Goggles moved that LSO draft a letter on behalf of the Committee to the Governor and Department of Health Director Forslund supporting the waiver. The motion was seconded and passed. Jeri Melinkovich, Wyoming Department of Insurance Life and Health Division Policy Analyst, and Susie Markus, Wyoming Health Council Deputy Director, addressed the Committee on the Affordable Care Act and its application to Tribal members.

MEETING ADJOURNMENT The Committee adjourned at 6:30 p.m.

CALL TO ORDER (JULY 16, 2013) Chairman Goggles called the meeting to order at 9:00 a.m.

FAMILY SERVICES AND JUVENILE JUSTICE UPDATE Steve Corsi, Department of Family Services Director, Jennifer Neely, DFS Probation Manager, Tom Kennah, DFS Tribal Liaison and Melinda Cox, Fremont County Juvenile Detention Alternatives Initiative Coordinator, discussed family services and juvenile justice issues, including juvenile detention. The Tribes are now able to take juveniles to Sweetwater County if they need to be held in detention. The Sweetwater Detention Center offers a very similar program to what was offered by Fremont County. Juveniles are able to receive some schooling. Ms. Cox will investigate cooperation between the school district and the detention center to make sure that the juveniles are receiving education while they are in detention. Chuck Anderson and Christina Lott, Northern Arapaho Department of Family Services, voiced concern over the limited options for holding intoxicated juveniles. Melinda Cox advised that the probation officer should transfer the juvenile to the police department and a guardian should be contacted. Ms. Cox stated she will be available on every juvenile call to advise on the process that should be used. Chief Mike Broadhead, Riverton Chief of Police, responded that officers complete the assessment and try to find the appropriate option for the child. Linda Burt, American Civil Liberties Union, expressed concern that juveniles are not receiving appropriate education while they are detained. Al Addison and Willard Gould, Northern Arapaho Business Council, emphasized the importance of addressing the needs of juveniles, including their educational needs, and the importance of encouraging family members to be involved. Aline Kitchin, Northern Arapaho Family Services, said the MOU with Sweetwater County has not been signed and the juveniles are still being sent to Busby, Montana. The Committee requested Senator Craft to contact the Sweetwater County Commissioners to encourage the execution of the agreement.

PRESENTATION OF RESOLUTION THANKING JAMES TROSPER Chairman Case presented a resolution to James Trosper thanking him for his service to the State and to his community as a member of the Board of Trustees.

SOLID WASTE UPDATE Ryan Ortiz, Wind River Environmental Quality Commission Director, stated that a new 3-year contract was signed with the Fremont County Solid Waste Disposal District. Andy Frey, Fremont County Solid Waste Disposal District, Solid Waste Superintendent, noted that the negotiations had begun over a year ago and that the parties have worked hard to reach an agreement. Dean Goggles, Northern Arapaho Business Council, expressed appreciation that an agreement has been reached. Ron Feemster, Wyofile voiced concern over meetings of the Solid Waste Board that were not held publicly. The Solid Waste Disposal District will respond to the Committee. The Committee commended the parties for their hard work and cooperation in reaching an agreement.

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TRIBAL LIAISON UPDATE Gary Collins and Sara Robinson, Tribal Liaisons, provided an update on the issues and projects the liaisons are pursuing, including the Affordable Care Act application, water storage and water projects, housing issues and youth opportunities. The Committee welcomed Ms. Robinson and commended the liaisons for their work in facilitating communications and acting as a valuable resource for the Committee.

MEETING ADJOURNMENT There being no further business, Chairman Goggles adjourned the meeting at 1:00 p.m.

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Respectfully submitted,

Senator Cale Case, Co-chairman Representative Patrick Goggles, Co-chairman

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Committee Meeting Committee Meeting

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Appendix Appendix Topic Appendix Description Appendix Provider

1 Committee Sign-In Lists meeting attendees Legislative Service Sheet Office

2 Committee Meeting Outline of the topics the Committee Legislative Service Agenda planned to address at meeting Office

3 Native American Exception budget request Bob Connelly, Public Culture Teaching Broadcasting Service Modules

4-5 Utilities and Arapahoe Water Service Area Pat Moss, Great Plains Infrastructure Utility Director

6 Utilities and Letter Governor Mead Infrastructure

7-8 Utilities and Internet access project and goals Troy Babbitt, Infrastructure Department of Enterprise Technology Services

9 Utilities and Federal funding checklist Kristin Lee, Infrastructure CenturyLink

10 Law Enforcement 2013 bill draft Legislative Service Office

11 Health Care Waiver program and community Cathy Keene, Eastern health profile Shoshone Tribal Health Director

12 Public Comment Letter Diana Mitchell

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE http://legisweb.state.wy.us